Terms and Conditions

1. GENERAL

This Terms of Use (the “Agreement”) is a legally binding agreement between you and ONE Championship (Singapore) Pte Ltd (“ONE”) and govern your use of our online and digital services, including but not limited to our website(s), software and any of our other products and services in connection with which these Terms of Use are posted or from which they are linked (collectively, the “Service”).

The Service may be subject to additional terms and conditions from time to time, which may include but are not limited to, specific age requirements, codes of conduct, sweepstakes and contest rules, and payment or subscription terms (collectively, “Additional Terms”). In the event Additional Terms are made available in connection with any aspect of the Service, those Additional Terms also apply to your use of that aspect of the Service. In the event of a conflict between the Additional Terms and terms of this Agreement, this Agreement will govern.

By accessing or using the Service, you agree to be bound by the terms of this Agreement and any applicable Additional Terms (which are incorporated herein by reference) and consent to our collection and use of your information as described in our privacy policy (“Privacy Policy”).

If you do not wish to be bound by the terms of this Agreement and Additional Terms, please do not access or use the Service.

2. USE OF THE SERVICE

ONE grants you a limited, non-exclusive, non-sublicensable, non-transferable, and fully revocable license to use, access and view the Service solely for your personal, non-commercial use, and subject to your compliance with the terms in this Agreement and all applicable Additional Terms.

You understand and agree that the Service and any content, including video, audio, graphics, photos, and text accessible via the Service (collectively, “Content”) are protected by copyrights, trademarks, service marks, or other intellectual property rights that are owned by ONE and/or its licensors.

Any unauthorized use of Content or any other aspect of the Service, or any portion thereof, is strictly prohibited and will constitute a violation of copyright or other intellectual property rights. ONE reserves the right to fully prosecute such violations and enforce its rights to the fullest extent of the law. Violation of this Agreement in any manner automatically terminates the license granted to you herein and you are obligated to cease all use of the Service and Content.

Except as expressly provided herein, ONE does not grant you any other express or implied right or license in or to the Service or Content and all right, title, and interest that ONE has in the Service and Content are retained by ONE, including the right to modify, discontinue, or temporarily suspend any or all of the Service at any time, with or without notice.

You ackowledge that no aspect of the Service constitutes legal, financial, medical, or other category of professional advice.

3. USER’S LEGAL CAPACITY

By accessing, viewing, or otherwise using the Service in any manner, you represent and warrant that you have sufficient legal capacity to enter into this Agreement or, if you lack such capacity (for instance, if you are a minor), that you have obtained parental or guardian consent to do so. You also represent and warrant that you have read, understand, and agree to abide by the terms of this Agreement and any applicable Additional Terms, and that you have read, understand the data collection and use practices set forth in the Privacy Policy.

4. THIRD-PARTY SERVICES

The Service may link to, integrate with, or incorporate third party content, sites, services, or platforms, including advertisers, online merchants, and social networks (collectively, “Third Party Services”).

ONE does not endorse and is not responsible for Third Party Services, whether in terms of their correctness, accuracy, validity, propriety, reliability, legality, security, or otherwise, and ONE disclaims all liability in connection therewith. References to Third Party Services do not imply endorsement of any Third Party Services by ONE or any association with its operators. Your dealings with Third Party Services are solely between you and the applicable Third Party Services.

5. USER ACCOUNTS

You will be required or permitted to create user accounts (each an “Account”) in order to access or use certain aspects of the Service. If you open an Account or otherwise access the Service on behalf of a company, organization, or other entity (a “Business User”), then you represent and warrant that you have the authority to also bind the Business User to the terms of this Agreement, and hereby do so, and both you and the Business User will be responsible for any breach of this Agreement. You acknowledge and agree that you have no ownership or other proprietary interest in any Account. You agree that all of the details you provide in connection with your Account are about yourself or an applicable Business User and not about another individual or entity (whether real or fictitious), and that such details will be maintained by you as correct, current, and complete.

You agree that ONE has the right, in our sole discretion, to investigate any actual or suspected violation of these terms and to suspend or terminate your Account and refuse you access to your Account, the Service, or the Content (or any portion thereof) for any reason, including if ONE believes the information you provide is not correct, current, or complete, or that you have otherwise violated this Agreement or any applicable law. You agree that ONE may report your conduct, activity, or identity to law enforcement or other appropriate authorities, take appropriate legal action against you, respond to subpoenas or other requests for information regarding your Account or use of the Service, or otherwise take action to protect our rights and the rights of any third party. BY ACCEPTING THESE TERMS, YOU WAIVE ANY CLAIMS RESULTING, DIRECTLY OR INDIRECTLY, FROM ANY ACTION TAKEN BY ONE DURING OR AS A RESULT OF THESE INVESTIGATIONS.

6. USER CONTENT

You may be invited or otherwise allowed to submit or post a variety of content onto the Service, such as text (including comments and reviews), images, videos, music, and other information, either directly to the Service or through a Third Party Service (collectively, “User Content”). Your User Content shall be and remain as ONE’s property. Such disclosure, submission or provision of any User Content shall constitute an assignment to ONE of all worldwide rights, titles, interests in all copyrights and other intellectual properties in the User Content.

ONE shall own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any User Content. ONE is and shall be under NO obligation to: (a) maintain any User Content confidentially; (b) pay to you any compensation for any User Content; or (c) respond to any of your User Content.

ONE reserves the right to discard or remove User Content from the Service in its sole discretion and without any liability whatsoever.

You represent and warrant that (a) you have obtained the written consent of every identifiable individual featured in your User Content (or, in the case of minors, consent of the minor’s parent or guardian) to use that person’s name, voice, and/or likeness (as applicable) in connection with the Service and pursuant to these terms; (b) your User Content does not infringe, violate, or misappropriate any third-party intellectual property rights, including copyrights, trade secrets, or trademarks; (c) your User Content, as used in connection with the Service, will not violate any applicable laws or regulations or infringe or violate any rights of a third party, including third-party publicity or privacy rights.

ONE may exercise the rights to your User Content granted herein without any liability, including for payment of royalties, residuals, guild fees, or the like, to you or any third party.

7. DISCLAIMERS

YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ONE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATIFACTORY QUALITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION. ONE DOES NOT WARRANT THAT THE SERVICE WILL BE AVAILABLE, UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ONE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE, INFORMATION, SOFTWARE, CONTENT, OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICE OR ANY WEBSITE, PLATFORM, OR SERVICE LINKED TO THE SERVICE, WHETHER IN TERMS OF THEIR CORRECTNESS, ACCURACY, VALIDITY, PROPRIETY, RELIABILITY, LEGALITY, SECURITY, OR OTHERWISE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

8. LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY APPLICABLE LAW, ONE’S AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE SERVICE OR THESE TERMS SHALL NOT EXCEED THE AMOUNT (IF ANY) PAID BY YOU TO ONE IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. ONE SHALL NOT BE LIABLE IN ANY CIRCUMSTANCES FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) ARISING FROM YOUR USE OR INABILITY TO USE THE SERVICE.

9. INDEMNIFICATION

You agree to indemnify and hold harmless ONE and its directors, officers, shareholders, subsidiaries, affiliates, partners, agents, and licensors (collectively, the “Indemnified Parties”) from and against all losses, expenses, damages and costs, including reasonable attorney fees and costs, resulting from: (a) your breach of any of the representations, warranties, and agreements made hereunder; (b) your use of the Service; (c) your placement or transmission of any User Content onto the Service; (d) any use of your Account in violation of this Agreement or your failure to fulfil any obligations incurred through the use of your Account by you or a third party; or (e) your wilful misconduct.

10. GOVERNING LAW & DISPUTE RESOLUTION

This Agreement shall be governed by and construed in accordance with the laws of Singapore, without giving effect to any choice of law or conflict of law provisions. Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of arbitration shall be Singapore. The tribunal shall consist of one (1) arbitrator. The language of arbitration shall be English.

11. SEVERABILITY

If any provision of this Agreement is agreed by the parties to be unlawful, void, invalid, or for any reason unenforceable, then this Agreement shall continue in force save that such provision shall be deemed to be excised herefrom with effect from the date of such Agreement or decision or such earlier date as the parties may agree.

12. FORCE MAJEURE

ONE shall be under no liability to you by reason of any delay or failure to perform any obligation hereunder if the delay or failure to perform is occasioned by force majeure, which refers to any act of God, storm, fire, casualty, unanticipated work stoppage, power outage, satellite failure, strike, lockout, labour dispute, civil disturbance, riot, war, national emergency, governmental action, or other cause beyond its control.

13. ENTIRE AGREEMENT

This Agreement, including any applicable Additional Terms, constitutes the entire agreement between the parties relating to the matters contained herein.

14. AMENDMENTS TO TERMS OF USE

We reserve the right, in our sole discretion, to modify these Terms of Use (including applicable Additional Terms) from time to time. We may notify you by posting(s) made in-Service, sending you an e-mail or using other ways of communicating with you based on the contact information you provide to us. You agree that your continued use of the Service following such notice constitutes your acceptance of the modified terms, which will govern your ongoing use of the Service. Therefore, you should review the posted Terms of Use and applicable Additional Terms each time you use the Service. Any modifications to these Terms of Use will supersede the prior version for all activity occurring after the revised version has been made available.

Enoki Portal (Web3 Wallet) Terms of Use

Last Updated: April 9, 2023
For the latest terms, visit https://www.mystenlabs.com/terms-of-service/enokiportal

To use the Services (defined below) provided by Mysten Labs, Inc. (“Mysten Labs”), you (“you” or the “Customer”) agree to these Terms and Conditions (“Enoki Terms”). The Services described below constitute “Services” under the Mysten Labs terms of service (the “ML Terms” and, together with the Enoki Terms, the “Terms”). In the event of a conflict between the Enoki Terms and the ML Terms, the Enoki Terms govern. We may update the Enoki Terms at any time.

Scope. As part of Enoki (“Enoki”) Mysten Labs grants Customer a nonexclusive, limited, personal, non-sublicensable, non-transferable right and license to access and use its prover, salt management, sponsored transaction, and remote procedure call services, and any other services offered from time to time through the Enoki Portal platform (the “Portal”) (the “Services”) during the Term (defined below) solely for you to utilize for business purposes. Your use of the Services is subject to your compliance with these Terms. Some or all of the Services may only be available to a limited number of Customers.
1. Prover and Salt Management Services. Enoki’s prover and salt management services allow Customers to facilitate zkLogin technology to allow their users to access their Customer applications.
2. Sponsored Transactions. Enoki will allow Customers to access sponsored transaction bundles, allowing Customers to provide gas-free transactions to their end users.
3. RPC Services. RPC services allow Customers to ensure their apps are running efficiently by utilizing Enoki’s strategic RPC selection functionality.
Privacy Policy. Please review our Privacy Policy, which also governs your use of the Services, for information on how we collect, use and share your information.
Term and Termination.
1. Term. Services will commence as of the Effective Date and will continue unless terminated pursuant to the Terms (the “Term”). Should the Services be offered as part of a subscription plan, the Term shall be governed by the subscription plan.
2. Termination. Mysten Labs may terminate the Services at any time for any reason. We will take reasonable steps to notify you of termination.
Who May Use Services. You may use the Services only if you are 18 years or older and capable of forming a binding contract with Mysten Labs, and not otherwise barred from using the Services under applicable law.
Fees. Customer is not required to pay for the Services at this time. Fees, in the form of a subscription plan or otherwise, may apply to the Services going forward.
Access and Use. You instruct Mysten Labs to process data contained in OAuth2 credentials submitted by you to Mysten Labs in connection with the Services, which processing may include the storage, analysis, manipulation or transmission of the data). You hereby acknowledge that your use of the Services provides Mysten Labs with access to OAuth2 credentials supplied by you, which credentials will allow Mysten Labs’ salt service to generate a corresponding unique user salt. You agree not to do any of the following:
1. Share Services API access or keys with third parties.
2. Publish personal identification information of your customers “on-chain” on the Sui blockchain protocol.
3. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services.
Representations and Agreements. Customer hereby represents, warrants and agrees to the following:
1. Customer is duly organized, validly existing, and in good standing in its jurisdiction or organization, the execution and delivery of these Terms by Customer and the transactions contemplated hereby have been duly and validly authorized by all necessary action on the part of Customer.
2. Customer will use, and will cause all of its employees, agents, contractors or other representatives, to use the Services only in compliance with all applicable laws, including privacy, sanctions, embargo, and other similar laws and regulations.
3. Customer will obtain all permissions from its customers required for Customer to utilize the Services.
No Warranty. THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, MYSTEN LABS EXPLICITLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Mysten Labs makes no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Mysten Labs makes no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Services. Mysten Labs is under no obligation to provide any user support to Customers’ customers.
Confidentiality. You acknowledge that the Services and Enoki and any information provided to you in connection with them, including but not limited to software code, designs, features, documentation, product roadmap, and any other proprietary information, constitute confidential and proprietary information (“Confidential Information”) of Mysten Labs. You agree to treat all Confidential Information as strictly confidential and not to disclose, share, or otherwise make it available to any third party without the prior written consent of Mysten Labs. You agree to take all reasonable measures to protect the confidentiality of the Confidential Information, including but not limited to preventing unauthorized access to or use of such information. You may disclose Confidential Information only to your employees or contractors who have a legitimate need to know such information for the purpose described in Section 1, and you will ensure that they are bound by similar confidentiality obligations. The obligations and restrictions set forth in this confidentiality clause will survive the termination of your use of the Services and continue for a period of one year from the date of termination. Confidential Information does not include any information that became publicly known and made generally available in the public domain (a) prior to the time Mysten Labs disclosed the information to Customer or (b) after Mysten Labs disclosed the information to Customer through no wrongful action or inaction of Customer or others who were under confidentiality obligations.
License to Marks. By using the Services, Customer hereby grants to Mysten Labs a worldwide, revocable, limited, non-exclusive, non-transferable, non-sublicensable right to use your trademarks, service marks, corporate identity design, or logo (“Marks”) in connection with Mysten Labs’ promotion of the Services. Mysten Labs may display the Marks on its website, marketing materials, and other promotional channels in connection with identifying Customer as a user of the services. Mysten Labs agrees to use the Marks in a manner consistent with Customer’s brand guidelines, if provided, and will seek Customer’s approval for any proposed usage that deviates from such guidelines.
Miscellaneous.
1. Waiver. Any waiver of the provisions of the Terms or of a party’s rights or remedies under the Terms must be in writing to be effective. Failure, neglect, or delay by a party to enforce the provisions of the Terms or its rights or remedies at any time, will not be construed as a waiver of the party’s rights under the Terms and will not in any way affect the validity of the whole or any part of the Terms or prejudice the party’s right to take subsequent action. Exercise or enforcement by either party of any right or remedy under the Terms will not preclude the enforcement by the party of any other right or remedy under the Terms or that the party is entitled by law to enforce.
2. Binding. These Terms constitute a valid and binding obligation of Customer that is enforceable against Customer in accordance with its terms. If Customer is an individual and not acting on behalf of a business or other legal entity, the Customer agrees they are personally bound by the Terms. Customer further represents and warrants they have the legal capacity to enter into the Terms on an individual basis. If Customer is entering into this Agreement on behalf of a business or other legal entity, the individual accepting these Terms represents and warrants they have the authority to bind the entity, and in this case, both the Customer and the entity will be jointly and severally bound by the Terms. Where Customer is a business or other legal entity, Customer will ensure that its employees, contractors, agents and representatives also comply with these Terms.
3. Severability. If any term, condition, or provision in these Terms is found to be invalid, unlawful, or unenforceable to any extent, the other parts of these Terms will still apply.
4. Notices. Any notices or other communications provided by Mysten Labs under these Terms will be provided: (i) via email; or (ii) by posting via the Enoki Portal. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. Notices posted via the Enoki Portal are deemed received upon posting.
5. No Assignment. You will not transfer any of your rights or obligations under these Terms to anyone else without our prior written consent. Transferring can include assignment, acquisition, merger, change of control, or other forms of transfer. Any unpermitted transfer will be considered null and void.